Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23379 of 2018 Petitioner :- Poonam Devi Respondent :- Union Of India And 8 Others Counsel for Petitioner :- Anurag Prasad,Girish Kumar Counsel for Respondent :- G.A.,A.S.G.I.,Gyan Prakash
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Girish Kumar, learned counsel for the petitioner, Sri G.P. Singh, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record..
This writ petition has been filed with the prayer to direct the respondents to transfer and entrust the investigation of F.I.R. dated 19.7.2018 registered as case crime no. 408 of 2018 under sections 376D, 506, 420 I.P.C, police station Jahanghirabad, District Bulandshahar to the Central Bureau of Invesigation and further direct the respondent no. 2 to carry out a speedy and expeditious investigation in the aforesaid case within a specified time.
The petitioner is stated to be the victim of a rape case. She has prayed for transfer of investigation of the present case from local police to the C.B.I.
Learned A.G.A. has pointed out that it appears that the husband of the petitioner is also involved in the present case along with co-accused Sudhir Pathak. He submits that accused-respondent no. 7 has challenged the F.I.R. of the present case before this Court in Crl. Misc. Writ Petition No. 21162 of 2018 in which his arrest was stayed by this Court vide order dated 19.7.2018. He submits that the investigation of the present case is to be concluded by the investigating agency within 60 days from the date of lodging of the F.I.R. which is of 19.7.2018 and the said period has yet not been elapsed then too the petitioner has come up before this Court by filing the present petition.
After having considered the submissions advanced by learned counsel for the petitioner, we do not find any good ground for interference in the matter as the local police is investigating the matter and the statutory period under Section 167 (a) (ii) Cr.P.C. for completing the investigation has yet not been elapsed.
The writ petition is accordingly dismissed.
However, if the investigation of the present case is not completed within the statutory period, the petitioner will be at liberty to file fresh petition.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 27.8.2018 Shiraz